Sunday, June 26, 2011

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  • roseball
    07-20 05:02 PM
    I thought as per the new memo it is advisable to extend your non-immigrant status even if you have filed your AOS and work on EAD.

    I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
    When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.

    Like the attorney mentioned, you can't maintain H4 and AOS status at the same time. You can file for H1 to H4 COS but as soon as you use your EAD and start working, you will lose your H4 status. Having a valid H4 I-94 does not mean you still maintain H4 status. You can't work on H4, period. EAD gives you authorization to work based on your pending I-485, but then using your EAD will put you back in AOS pending/Parolee status. Hope this helps...





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  • vishwak
    03-09 12:41 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.





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  • USDream2Dust
    10-15 06:53 PM
    I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.

    I would relax now and be happy about not getting another RFE in short time.





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  • helpful_leo
    06-17 01:44 PM
    ..if someone started now?

    If a major corporation (i.e. bonafide company, no fraud, etc) started the labor process for an employee tomorrow, how long (in a ballpark sense) would it take before the person could file for I140 and I1485 concurrently?
    ...and do you think the dates wd remain current (for India) till then? And is there anything that can be done from the employee or employer's side to speed up the process? All comments will be appreciated.

    Thanks all for your time

    leo



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  • PD073102VA
    05-21 06:45 PM
    Yes, you will be allowed to get one year extensions if your labor certification was filed before the start of your sixth year. But still you need to get clarfication from an attorney. I talked to one and she told me that since mine was filed RIR and passed the state stage and I was safe but if you filed in Non-RIR and no recruiting has been done then you may not be safe.





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  • SureShot
    11-02 02:31 PM
    you can also put links on an image in dreamweaver with image maps.

    it's very easy. Just bring the image (or images if you have cut it up) into dreamweaver. Click on the image and in your Properties Pannel you will notice a bunch of options for drawing. Choose the square or the circle or whatever shape you want to make and just draw ontop of your image. This will be an active Hyperlink and will not ad and colours or outlines to your pic.

    Hope that helps.



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  • krajani2007
    08-15 03:18 PM
    Unless:
    i) Has company A paid you all your wages?
    If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
    ===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.

    ii) Content of Non-Compete agreement:
    If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
    ===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.

    iv) LCA for new work location:
    If you work for more than 6 months in a county, new LCA should be applied for that location.
    ===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.

    Try to negotiate with A. Usually these lawsuits don't run their course.
    Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

    If all fails, You MUST consult an attorney.

    IMHO, you should've consulted before you took the job.

    ===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
    __________________
    -------------------
    Contributed $100.00
    DC Rally
    Labor Applied: June'08





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  • JazzByTheBay
    09-14 06:26 PM
    Or rather, a business meeting (got) scheduled itself with a customer... so it works out!

    I was planning on attending even without that happening - now I'm busy rescheduling flights and hotel... :)


    http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

    SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))

    http://images.jupiterimages.com/common/detail/20/99/22609920.jpg

    cheers, and see ya'll in DC!
    jazz



    To attend the rally:

    1- I canceled a business meeting - employer didn't like it
    2- I moved business travel around the rally, my boss also had to reschedule
    3- I am flying in from Texas

    Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!

    WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!



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  • STAmisha
    09-30 05:53 PM
    BUMP~

    If somebody has an answer, please reply.





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  • kumar v
    07-27 07:14 PM
    I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.

    I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.

    Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
    I need to get visa stamped only if I goto India and to come back USA.

    Can I work directly on my H1B petition with out stamping visa?

    Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.

    Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?



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  • yabadaba
    08-14 02:01 PM
    i am 7:55 NSC r williams too... no receipt yet :(





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  • jonty_11
    12-26 11:44 AM
    Just allowing filing of I-485 while You are retrogressed, is a boon, so u can get EAD and are allowed to change Jobs in the Same profession



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  • gcwaiting17
    08-07 02:28 PM
    We are in the same situation. My husband got the renewed EAD. But i am still waiting for mine. My EAD expires on Sept. 10th.





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  • aat0995
    01-15 10:03 AM
    Hi!
    I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

    I was wondering if you know of any law that I can show them and ask them to pay for the same.

    Thanks in advance :)


    -Supported the million dollar drive



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  • rock581
    07-18 01:38 AM
    We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!

    My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).

    If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.

    Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?





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  • humdesi
    11-06 11:09 AM
    So barring a once in 5 year trip/mail to consulate, there are no issues with PIO.


    There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...

    Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.



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  • coopheal
    03-13 04:37 AM
    Hello,

    For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

    1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?

    2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?

    Than You.

    I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.

    However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.

    Again not sure why you are moving from H1B to EAD when H1B is still valid?





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  • dextro_a
    08-11 11:51 AM
    Out of the ones which are posted above, I used ECE recently for MBA admissions. They do not require attested copies from University. You need to fax your marksheets to them and pay the fees (I think $135). They may ask for original if fax is not clear, which was the case in my evaluation. I did not opted for Rush service and got the evaluation sent back to me in 4 weeks.

    Address from above post:

    Educational Credential Evaluators, Inc.
    PO Box 514070
    Milwaukee, WI 53203-3470
    Phone (414) 289-3400
    Fax (414) 289-3411
    email: eval@ece.org
    Website: www.ece.org





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  • mpadapa
    03-14 10:18 AM
    Please don't dilute the admin fix effort by starting another letter campaign.

    IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.





    pappu
    02-09 10:10 PM
    Thank you very much. We need members like you.





    anuh1
    03-25 01:53 PM
    Yes you can recapture. Most of the people do the same way if they dont have enough time.